Intellectual property (IP) protections are essential for innovation and creativity in any country. Kenya has made strides in recent years to develop a comprehensive legal framework for IP rights. Here is a brief overview of how trademarks, patents, copyrights, and other IP are handled under Kenyan law.
Trademarks
Trademarks are protected under the Trade Marks Act, which is based on the UK Trade Marks Act. Trademarks can be registered through the Kenya Industrial Property Institute (KIPI). Strong protections are available for registered marks, including against infringement and dilution. Marks don’t have to be registered to receive some protections under common law and the Trade Descriptions Act.
Patents
Kenya grants patents under the Industrial Property Act, which established KIPI. Patents provide up to 20 years of protection for new innovations and inventions. Both residents and non-residents can apply for patents in Kenya. The process involves filing an application, publication, examination, and registration. Patent holders have the right to prevent others from making, using, or selling their invention without consent.
Copyright
Literary, musical, artistic, and other creative works are covered by the Copyright Act. Works don’t have to be registered to receive automatic copyright protections. Infringement is subject to civil and criminal liability. Customary folklore and traditional knowledge also receive protections.
Other IP Rights
Kenya law also protects industrial designs, plant varieties, traditional knowledge and genetic resources, and undisclosed information like trade secrets. The Anti-Counterfeit Act combats trademark counterfeiting and piracy. IP disputes can be resolved through the court system or alternative dispute resolution.
Strong IP laws incentivize innovation and promote economic growth. Kenya’s steady improvements create a better landscape for creators and inventors in the country. With a better understanding of Kenya’s IP framework, rightholders can effectively protect and commercialize their intangible assets.
